Legal Question in Workers Comp in Florida

I have an LLC lisense, liability ins. and workmans comp exempt. I have a small buisness of cleaning windows and one of the clients is stating that I need another type of insurance to cover me. He is stating that I still can sue him if I am injured on there property. I live in Florida and I do not know of any other type of insurance to have. I do have major medical and hospital. My question is this, If I am workmans comp exempt, does that not cover him as the owner of property that I can not come back on him?


Asked on 11/30/11, 5:27 am

3 Answers from Attorneys
Jane-Robin Wender Wender Law, P.A.

Yes, the client is right. Since you exempted yourself from WC you have no coverage which puts your clients at risk of you claiming damages under their homeowners or premises liability policies. WC would be cheap for you and you should always insure yourself.

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Answered on 11/30/11, 6:04 am
Cory Schnepper Levine, Busch & Schnepper, P.A.

The fact that you are workers' compensation exempt does not preclude you from filing a claim against the homeower, if there was a problem that resulting in your being injured, that was the fault of the homeowner. However, the client is wrong to believe that if you were covered by workers' compensation, he could not be sued. Even if you were covered by a workers' compensation policy, your right to sue him for anything that is the responsibility of the homeowner is not precluded. If injured because of the fault of the homeowner, you would have two claims - a workers' compensation claim, and a personal injury claim.

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Answered on 11/30/11, 8:27 am


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